(영문) 울산지방법원 2018.01.10 2017가합779

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(영문) 울산지방법원 2018.01.10 2017가합779

토지인도 등

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1. The defendant shall deliver to the plaintiff each real estate indicated in the annexed real estate indication.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Plaintiff is the owner of each land and building indicated in the separate sheet indicating the attached real estate (hereinafter “instant real estate”).

B. On October 16, 2015, the Plaintiff entered into a lease agreement with the Defendant with respect to the instant real estate (hereinafter “instant lease agreement”) with the following terms and conditions (hereinafter “instant lease agreement”).

Real Estate Monthly Tax Contracts

1. Location of indication of real estate: Total land and buildings in Ulsan Jung-gu C and D;

2.Article 1(1) of the Terms and Conditions of the Contract provides that only the lease of the above real estate shall be made by agreement between the lessor and the lessee as follows:

Article 2 (Duration) (Duration) of the Deposit Amount of KRW 50,000,000, KRW 2,600,000 shall be delivered to the lessee by August 25, 2015 in a condition that the said real estate can be used for the purpose of the lease, and the lease period shall be from the delivery date until August 25, 2017 (24 months).

[Matters of Special Agreement]

3. On February 25, 2009, the parties to the contract agree that it is an extension contract for the first real estate lease contract made on February 25, 2009. 4. By March 31, 2016, the monthly rent shall be paid in accordance with the current amount, and from April 1, 2016, the rent shall be paid in KRW 300,000,000,000. (Additional Conditions are set aside)

5. The lessee is a condition that the lessee shall, in principle, restore the lessee to the original state upon the expiration of the lease and does not claim all the expenses, such as the liability for damages on the land and the construction fees. The lessee of the lessor is the defendant of the plaintiff.

C. On May 22, 2017, the Plaintiff’s lease term expires to the Defendant on August 25, 2017.

I do not have any intention to extend the lease contract of this case with your company, and therefore, leave the land and buildings immediately after the expiration of the lease term, and leave the above real estate for the first time and return it to the principal and make a prior demand for the withdrawal of the necessary measures.

"......"

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